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Court of Session Practice Issue 97 Feb
26

Court of Session Practice Issue 97 Feb 26

This new edition of the landmark text Law and Society exposes readers to the dominant theoretical perspectives and sociological methods that are used to explain the interplay between law and society.

Law and Society

This book analyses laws distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies - on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law - the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory.

Law, Place &amp; Maps: Balancing Protection and Exclusion analyse law’s distinctively normative contribution to place-making. In an original, cross-disciplinary, analysis drawing on scholarship in law, geography, philosophy and politics, Antonia Layard considers how, both formally and formally, law operates in the fixing of borders that both protect and exclude. Centred upon four legal case studies – on public space; housing regulation; rules on the manifestation of religion; and geographic indications in intellectual property law – the book pursues a critical geographical consideration of how place is integral to ideas about identity, belonging and territory. It will be of much interest to critical legal geographers and socio-legal scholars, as well as planning, environmental, intellectual property, housing and land use lawyers.

Balancing Protection and Exclusion

Law, Place and Maps

This book assembles critical contributions on the work of TRS Allan, the Professor Emeritus of Jurisprudence and Public Law at the University of Cambridge, whose leading work in legal and constitutional theory spans almost 45 years. Allan has charted a distinctive path for legal, political, and moral theory and practice and has become a highly significant figure in the UK and in common law/parliamentary systems around the world. His ideas challenge established opinions about constitutional law within these systems as well as established views about the rule of law from more abstract or philosophical perspectives. Allan claims that law and morality find an inherent connection through the rule of law. He argues that there is a connection that flourishes in common law jurisdictions because although Parliament has sovereign legislative powers, its laws gain their full legal meaning only through an interpretive lens. This lens seeks to reconcile sovereign will with legality's basic moral ideals, especially the idea that law must be general and capable of guiding behaviour and thus respectful of the equality and dignity of its subjects. Allan's scholarship is powerful yet controversial, and it has inspired 20 leading scholars from the UK, Canada, Australia and New Zealand to engage with the central themes of his work. By doing so, the contributors help to make that work accessible to a new generation of scholars and students. They also provide a timely framework for engaging in the most important challenges facing our democracies today: how our legal systems do, or do not, honour and respect democracy and therefore legislative sovereignty while at the same time honouring and respecting the rule of law, or the 'Promise of Legality'.

Critical Reflections on the Work of TRS Allan

The Promise of Legality

ASIL Studies in International Legal Theory

Jurisprudence has up until recently largely neglected international law as a subject of philosophizing. The Nature of International Law tries to offset against this deficiency by providing a comprehensive explanatory account of international law. It does so within an analytical tradition, albeit within the one which departs from the nowadays dominant method of the metaphysically-driven conceptual analysis. Instead, it adopts the prototype theory of concepts, which is directed towards determining typical features constitutive of the nature of international law. The book's central finding is that those features are: normativity, institutionalization, coercive guaranteeing, and justice-aptness. Since typical features are context sensitive, their specificities at the international level are further elucidated. The book, finally, challenges the often raised claim that fragmentation is international law's unique feature by demonstrating that international institutional actors, particularly adjudicative ones, largely perceive themselves as officials of a unified legal order.

The Nature of International Law

Cambridge Law Handbooks

This Handbook analyses pressing legal and policy issues that have arisen in the rapidly changing media ecosystem: from threats to media freedom and pluralism and the safety of journalists to challenges arising from the shift to platform-based communication, the spread of disinformation and the impact of AI on media and news production. Seeking to pave the way for new, integrated regulatory responses, the individual chapters address legal and policy developments from an overarching perspective that includes insights from human rights law, media law and copyright law. Following this holistic approach, the Handbook identifies common principles for a coherent regulatory framework for news and media in Europe. It evaluates existing laws and media governance institutions in light of the economic, technological and political challenges posed to the media sector. The individual contributions present new directions for an integrated approach to European media law and policy. This title is also available as open access on Cambridge Core.

The Cambridge Handbook of Media Law and Policy in Europe

This book proposes a regulatory system for ensuring that AI makes fair decisions.

No one wants to be the subject of an unfair decision made by an AI, and fairness is so important to society that we are likely to want to regulate to demand it. But how? This book attempts to answer that question. 

The aim of regulation must be for an AI's decisions to match the human conception of fairness. To understand what that is, the book proposes a holistic understanding of fairness, which tells us what regulation must try to achieve.

However, regulation is not an abstract activity - it regulates how humans behave, and the humans in question are those who develop and use AI for decision-making. Thus the book investigates how those humans are attempting to achieve AI fairness. It finds that there is a serious mismatch between how technologists conceptualise fairness, compared to other humans. How can AI regulation bridge this gap?

Traditional models of regulation cannot solve this problem. Fairness is too nuanced, too contextual, and is ultimately a human emotional response. Instead the book proposes to place the responsibility on the AI community to explain and justify their efforts to achieve fairness, basing regulatory and legal responses on how well that explanation deals with the risks that particular AI presents, and whether the AI operates in accordance with the explanation in use.

The book concludes by examining how far this regulatory model might be useful for some of the other social problems which AI generates. 

An original and significant contribution to the literature on AI regulation, this book is a must-read for those working in the areas of law, regulation, and technology.

Law, Regulation, and Technology

AI Fairness and Beyond

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

Regional Integration Court in a Global Context

The Caribbean Court of Justice

This book offers a fresh and comprehensive reassessment of interpretivism, one of the two main philosophical accounts of law's nature. Interpretivism is drawn from many different sources and traditions. Accordingly, it is relevant to various fields of inquiry. This volume presents a diverse range of perspectives on its central idea, first expressed by Ronald Dworkin, that law is a moral interpretation of a community's past political decisions. It advances our understanding of interpretivism by restating, revising, and offering new defences and critiques of some of its main tenets. This collection brings together established figures and rising stars from across legal, political, and other areas of philosophy. There are thirteen essays, each accompanied by a response. The result is a unique and insightful overview of the current state of debate in legal philosophy.

New Work in Legal Philosophy

Interpretivism and its Critics

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

This book analyses the right to water and sanitation at both the international level and national levels. At a national level the book examines the law in India relating to both recognition and realisation of the rights. The book considers the complex legal framework in place at the union and state level for the realisation of the rights.

The Case of India

Realizing the Right to Water and Sanitation at the International and National Levels

Lex Amicitia draws a long history of the law of friendship - from Aristotle to Derrida - into a contemporary context: scouring the backrooms, bars and ill-lit alcoves, the corridors and side-rooms where the interior engine of institutional decisions operates. The intimate public sphere is fueled by the affects of amity and enmity, identification and rejection, experience and projection in negotiating and deciding the fate of workaday lives. Using the example of law, and specifically of the legal academy in the Anglophone world, this book pieces together the hidden ties and the secret bondings, the erotics and the hostilities that play beneath the surface of public lives. Patiently reconstructing the apparitions of affect and amity as they are glimpsed in marginal moments and off-hours, peripheries and slips, emails and other unintended viscera, the structural role of the laws of friendship, the legal form of compact, concord and contract is reconstructed and expounded.

Lex Amicitia draws a long history of the law of friendship – from Aristotle to Derrida – into a contemporary context: scouring the backrooms, bars and ill-lit alcoves, the corridors and side-rooms where the interior engine of institutional decisions operates. The intimate public sphere is fueled by the affects of amity and enmity, identification and rejection, experience and projection in negotiating and deciding the fate of workaday lives. Using the example of law, and specifically of the legal academy in the Anglophone world, this book pieces together the hidden ties and the secret bondings, the erotics and the hostilities that play beneath the surface of public lives. Patiently reconstructing the apparitions of affect and amity as they are glimpsed in marginal moments and off-hours, peripheries and slips, emails and other unintended viscera, the structural role of the laws of friendship, the legal form of compact, concord and contract is reconstructed and expounded.

Lex Amicitia: An Anthropology of the Law of Amity

Anna Irene Baka challenges dominant liberal and legalist paradigms in international law by reinterpreting the right of peoples to self-determination through the lenses of Aristotelian philosophy, phenomenology, social psychology, and corrective justice.
Focusing on high-profile postcolonial conflicts in Kosovo, Cyprus, and Palestine, Baka argues that abstract international and constitutional legal doctrines on self-determination fail to account for the lived realities of collective deprivation and historical trauma. Baka offers a compelling critique not only of mainstream theories of self-determination, but also of the shortcomings of critical movements such as Critical Legal Studies. In their place, she advances a renewed ethical and conceptual framework for international law-one grounded in responsibility, rational judgment, and moral engagement. This interdisciplinary method brings fresh insight into questions of collective identity, legitimacy, and the moral accountability of law itself. Ultimately suggesting that meaningful responses to historical injustice require international jurists to cultivate intellectual independence and legal virtue, this is a timely and essential contribution for scholars and practitioners of international law, human rights, legal philosophy, and global justice.

Ethics, Law, and the Politics of Justice

Self-Determination Beyond Liberal Legalism

Although International Humanitarian Law regulates various aspects of warfare, it remains silent on suicide attacks. Suicide Attacks and International Humanitarian Law interrogates this omission, arguing that it reflects underlying biases and rigid binaries within International Humanitarian Law that struggle to accommodate complex narratives of agency surrounding the deaths of suicide attackers. In this comparative study, Vishakha V. Wijenayake juxtaposes International Humanitarian Law principles with cultural narratives surrounding three distinct cases: the Kamikaze pilots of World War II, Liberation Tigers of Tamil Eelam's female suicide attackers in the Sri Lankan non-International Armed Conflict, and martyrdom operations conducted by jihadist non-State armed groups. Integrating insights from anthropology, philosophy, and religious studies, this book analyzes the nuanced embodiments of agency in these contexts, revealing how cultural depictions of suicide attackers challenge International Humanitarian Law's traditional victim-perpetrator binary. These narratives present suicide attackers not as passive instruments of violence, but as individuals whose actions are laden with cultural and collective meanings that unsettle International Humanitarian Law's reductive approach to combatant agency. Through its analysis, Suicide Attacks and International Humanitarian Law forwards a critical framework for engaging with diverse conceptions of intentionality and agency, advocating for more culturally inclusive approaches within International Humanitarian Law.

Culture, Agency, and Combatant Deaths

Suicide Attacks and International Humanitarian Law

Court of Session Practice Issue 97 Feb 26

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